Unfortunately your request engages the cost exemption at Section 12 FOIA.
Section 12 provides an exemption from a public authority’s obligation to
comply with a request for information where the cost of compliance is
estimated to exceed the appropriate limit. The Freedom of Information and
Data Protection (Appropriate Limit and Fees) Regulations 2004 state that
the appropriate cost limit is 18 hours in the case of the Police Service.

The reasons for this is that there is no specific notifiable offence of
‘hate speech’; such incidents may fall under a number of different public
order offences, however the crime report of each offence would require
manual review to determine if the offence related specifically to hate
speech. This would likely amount to many hundreds of crime reports in a
year, and is estimated to exceed the 18 working hour limit.

When Section 12 is engaged, our duty under Section 16 requires that we
assist you in refining your request so as to bring it within the cost
limit. In this instance we would suggest the following refinement:

In order to provide everything requested within cost, it may be better to
base the response on crime reports rather than arrests. Data on custody
records is limited, and would not make reference to whether an arrest may
have had a ‘hate’ element attached to it. It is possible however to
attach hate related Aggravating Factors to crime reports (e.g. race,
religion, disability prejudice, etc.).

As such, it would be possible to search on crime reports for offences
under Public Order 9A, 9B, and 66 intended to stir up
racial/religious/sexual hatred, as covered in the following link:

In 2018, the number of crime reports recorded under Public Order 9A, 9B,
and 66 intended to stir up racial/religious/sexual hatred, with relevant
hate related Aggravating Factors attached, where suspect ethnicity is
classed IC1/IC2, IC6.

If you would like to proceed with the refined request please advise us and
we will log and process the new request as soon as possible. You will be
contacted with a new reference number if this is the case.

Should you have any further inquiries concerning this matter, please do
not hesitate to contact us. If you are dissatisfied with the way your
request has been handled please refer to the ‘your rights summary’
attached for details of the next step you are able to take.

Yours sincerely,

Alan Muggridge

Public Disclosure Officer

Information Security and Governance

Kent Police

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to
https://www.kent.police.uk/policy/privac... or
https://www.essex.police.uk/copyright-pr...

In 2018, the number of crime reports recorded under Public Order 9A, 9B,
and 66 intended to stir up racial/religious/sexual hatred, with relevant
hate related Aggravating Factors attached, where suspect ethnicity is
classed IC1/IC2, IC6.

However, I was under the impression that "hate crime" would be recorded as such as this is the most frequent term and I have on many occasions heard Police Officers use the term "hate speech" when detaining someone rather than using any of your proposed amendments.

1 Atodiad

Any crime with a perceived hate element will have a prejudice marker (race, religion, disability, etc.) attached to the crime report; if preferred, we can report on all hate crime recorded in 2018 with prejudice markers attached, broken down by offence and with the requested suspect ethnicities.
By reporting on all offences, this would also pick up any of the public order offences listed below.

If you would prefer this to our original refinement suggestion, please let us know.

1 Atodiad

I write in relation to the Freedom of Information request you made to Kent
Police on 18 June 2019 concerning hate crime. Unfortunately, due to an
increase in workload there has been a delay in responding to some FOI
requests and for this I apologise. We are working on progressing your
request and will respond as soon as possible.

Yours Sincerely,

Mark Crittenden

Senior Public Disclosure Officer

Information Security and Governance

Kent Police

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to
https://www.kent.police.uk/policy/privac... or
https://www.essex.police.uk/copyright-pr...

3 Atodiad

With reference to the Freedom of Information request that we received from
you on 18 June 2019 please find attached the response letter and
accompanying appendix.

Should you have any queries relating to this then please do not hesitate
to contact us.

Yours sincerely,

Public Disclosure Officer

Information Security and Governance

Kent Police

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to
https://www.kent.police.uk/policy/privac... or
https://www.essex.police.uk/copyright-pr...